It is now up to the Supreme Court to decide whether the case should be dismissed under the state secrets privilege or whether Section 1806(f) will allow it to continue. The Ninth Circuit determined that, instead of dismissing claims when the government invokes the state secrets privilege, courts should use the procedures outlined in Section 1806(f) of the Foreign Intelligence Surveillance Act to determine whether the surveillance was legally authorized and conducted. The FBI argued that the claim should be dismissed under the state secrets privilege. This case was first brought in 2011 by Imam Yassir Fazaga and two Muslim congregants at a California mosque who claim the FBI had an informant infiltrate the mosque in the mid-2000s purely on the basis of their religion. 8, 2021, the Court heard Federal Bureau of Investigation v. The Supreme Court now has to evaluate whether the 9th Circuit erred in its ruling. Secrets privilege could actually be invoked in this instance. On appeal, the Ninth Circuit directed the lower court to look again at whether the state The federal government cited the state secrets privilege and halted the subpoenas. The case was brought by Zayn al-Abidin Muhammad Husayn, also known as Abu Zubaydah, who has been detained in Guantanamo Bay since 2006, In 2017, Zubaydah tried to subpoena two CIA contractors to testify in a criminal investigation in Poland regarding his earlier detention in 20 when he was held in a facility there. 6, 2021, the Court heard United States v. There are two cases this term that involve the state secrets privilege, which allows the government to withhold evidence if it threatens national security interests. Zubaydah Federal Bureau of Investigation v. The Court will determine whether the law violates the religious freedom or equal protection clauses of the Constitution. In 2020 the First Circuit held that religious schools can be excluded from receiving taxpayer funding if that funding would go toward teaching religion. Carson and Makin are two families who sued the state after they were denied tuition assistance because they wanted to use it to pay for Christian private schools that would use the funding for religious instruction. Maine grants tuition assistance to families who live in areas where there are no public high schools so that they can send their children to private schools. Makin, a case that centers around whether religious institutions can benefit from state funding. The court must decide whether the Second Amendment protects Americans’ right to carry guns outside of their homes. Here, the petitioners are two New York men whose applications were rejected because a licensing officer determined they did not demonstrate a need for self-defense that distinguished them from the general public. The case in question involves a New York state law that requires anyone who wants a concealed carry permit to prove to the licensing authority that they have “proper cause” for carrying the weapon, which can include self-defense. 3, 2021, for the first time in 11 years, the Court heard a Second Amendment case. New York State Rifle & Pistol Association Inc v. This case is closely watched as it has the potential to critically alter the decades-long battle over abortion access. The Court will now look at whether all rules restricting abortions prior to viability are unconstitutional. The law was blocked by the Fifth Circuit, which held that it placed an undue burden on abortion access, a precedent established by the 1992 Supreme Court case, Planned Parenthood v. In 2018, Mississippi enacted the Gestational Age Act, which prohibits abortions after 15 weeks of pregnancy except in cases of medical emergencies or fetal abnormalities. Wade, which established the constitutional right to end a pregnancy before a fetus can survive outside the womb. 1, 2021, the Court heard its most significant abortion case in years, one that has the potential to go against decades of precedent and overturn Roe v. Here are eight of the most noteworthy cases the Court will hear during its 2021-2022 term. The justices will hear a number of notable cases this term, including ones that could have significant outcomes for abortion access and gun rights. The Court now sits at a 6-3 conservative supermajority after the confirmation of Justice Amy Coney Barrett in October 2020. Supreme Court’s 2021-2022 term is in session and, as usual, there will be some closely watched cases.
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